A deposition, which represents a sworn statement made out of court, is a frequent part of civil court proceedings in the United States. The primary purpose of a deposition is to provide the attorneys handling a civil case on both sides of the aisle the opportunity to discover what a witness knows, as well as use the out-of-court testimony when the case reaches the trial phase.
In a civil case such as a personal injury lawsuit, a deposition and other discovery procedures allow each side to determine the legal strength of their case. Depositions in civil cases can lead to a settlement that helps both parties avoid a lengthy court battle.
Depositions in criminal cases happen only when a judge overseeing a case decides there is a good chance that a crucial witness cannot testify at trial. Only a few states permit criminal case depositions without first gaining the approval of a judge. Some states call a criminal deposition a conditional examination.
Why is Sharing of Information Important?
Because the ramifications of a guilty verdict often involve some form of incarceration, depositions conducted for criminal cases provide the defense with insight into what to expect once a trial begins. Depositions give defense attorneys ample time to prepare a defense that attempts to help their clients avoid incarceration. According to the Supreme Court case Brady v. Maryland, criminal prosecutors have a constitutional obligation to hand over all favorable evidence to the defendant.
How Do Criminal Depositions Work?
Attorneys participate in criminal depositions during the pretrial discovery period, which is the stage of a trial when both sides collect and analyze information about the strength of their respective cases. In a vast majority of states and in federal court, the lawyer that wants a witness deposition must file a motion with the court describing the reasons for asking for the deposition.
After the judge presiding over the case grants the motion to depose a witness, both the prosecutor and the defense lawyer listen to the sworn testimony of the deposed witness outside of a courtroom, without a judge present. The prosecutor and the defense attorney ask the same types of questions that they plan to ask if the case goes to trial.
Defendants have the constitutional rights to attend depositions, whether the attendance is in person or via live video streaming.
When Does a Criminal Disposition Make Sense?
Although not as common as civil case depositions, a criminal deposition serves some of the same purposes. It gives both sides an opportunity to evaluate the strengths of their cases by calling key witnesses to testify outside of court. Another key reason for requesting a criminal deposition is to get testimony from a witness who is not available to testify at trial. A witness who cannot attend a trial must have testimony that is material to the case to qualify for participating in a deposition.
Witnesses have one or more of the following reasons to be unavailable for a trial:
- Health concerns
- Older than 65 years
- Live outside the United States
- Concerns about safety
- Legal custody status
Judges also consider the type of criminal charge that is faced by the defendant. For example, a judge might allow the deposition of a witness who claims to be a victim of domestic violence.
If you face one or more criminal charges, your case might involve the deposition of key witnesses. Schedule a free case evaluation with the Chambers Law Firm to learn more about the importance of criminal depositions. You can reach us by calling 714-760-4088.
